Ga. Supreme Court rules against ban against allowing kids around father’s gay friends

The Georgia Supreme Court tossed out part of a Fayette County court’s decision that kept a divorced gay father from allowing his children to interact with his gay friends, according to a ruling today from the state Supreme Court.

In the ruling, Justice Robert Benham wrote the high court acknowledges that trial courts have the discretion to “limit a parent’s exposure of the children to certain people, if it can be shown that the children would be adversely affected.”

In this case, the Supreme Court justices rejected Fayette County Superior Court Judge Christopher Edwards’ ban on having the gay father bring his gay friends around his children. Edwards has been nominated to fill the a seat on the state Supreme Court after Chief Justice Leah Sears steps down at the end of June.

“The blanket prohibition against exposure of the children to members of the gay and lesbian community who are acquainted with husband is another matter,” says today’s opinion. “There is no evidence in the record before us that any member of the excluded community has engaged in inappropriate conduct in the presence of the children or that the children would be adversely affected by exposure to any member of that community.”

See Ga. Supreme Court rules against ban against allowing kids around Sovo.com

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Gay-rights groups criticize prospective justice

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Supreme Court prospect draws criticism from gay groups

(Atlanta) Georgia Chief Justice Leah Ward Sears, considered a potential nominee for the U.S. Supreme Court, has drawn criticism from gay rights groups after announcing plans to join a think tank whose founder is an outspoken opponent of gay marriage.

Sears, the nation’s first black female chief justice of a state …

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Rulings on gay couples’ benefits question Defense of Marriage Act

Two judges’ decisions don’t extend beyond the two couples in question because the rulings came in the federal court’s administrative dispute process, rather than in lawsuit judgments.
Brad Levenson and Tony Sears spent Thursday fielding congratulatory calls from gay rights supporters around the nation for their success in getting a federal judge to call into question the legality of the 1996 Defense of Marriage Act.

Judge Stephen Reinhardt of the U.S. 9th Circuit Court of Appeals ruled earlier this week that Sears — who married Levenson, a deputy federal public defender, last July — is entitled to the same spousal benefits that heterosexual couples employed by the department receive.

But the Silver Lake couple aren’t celebrating yet.

“I’m not convinced this is over,” Levenson said of their long-running battle to be treated like a married couple. “But it pushes the conversation forward.”

Reinhardt’s ruling branded the Defense of Marriage Act unconstitutional. The 9th Circuit’s chief judge, Alex Kozinski, also weighed in on the subject last month, granting benefits to the same-sex spouse of a staff attorney for the court. But he stopped short of basing that decision on constitutional grounds.

Despite the prominence of the two judges, the rulings are legally meaningless for all but the two couples because they came in the court’s administrative dispute process, rather than in lawsuit judgments.

The 9th Circuit judges ruled in their capacity as dispute-resolution officials within the federal judiciary, whose employees are prohibited from suing in federal court.

Levenson and Sears see Reinhardt’s order as a step along the road to equality.

But Levenson pointed out Thursday that his attempt to file a new benefits form was rejected by an office computer still programmed to exclude same-sex spouses from even applying.
  See Two judges decisions don’t extend beyond the two couples in …
Los Angeles Times – CA,USA

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